OREGON WRONGFUL TERMINATION

Oregon is an “at will” employment state. However, there are exceptions to the “at will” employment status including employment discrimination laws, wrongful termination laws, and retaliation laws. These areas of law make it unlawful for employers to discriminate based on age, disability, gender/sex, national origin/ethnicity, pregnancy, family medical leave, race or religion.

Types of wrongful termination includes wrongful termination based on retaliation, Whistleblowing, and Discrimination.

Wrongful Discharge Based on Retaliation

In Oregon, employers are not allowed to terminate an employee’s employment because the employee engaged in legally protected activities. Retaliation is present when (1) the employee engaged in a legally protected activity; (2) the legally protected activity prompted the employer’s actions; and (3) the employer’s actions had adverse consequences for the employee.

Legally protected activities include:

• Opposing an unlawful practice
• Making a wage claim or providing testimony regarding wage claims
• Reporting illegal conduct
• Using family or medial leave
• Instituting or cooperating with legal proceedings
• Testifying at an unemployment hearing
• Filing a worker’s compensation claim
• Requesting accommodations for a disability.

If you believe that your employer fired you for engaging in a protected activity, you may have rights that can be protected.

Wrongful Termination for Whistleblowing

In Oregon, employees are protected when they report certain unlawful or harmful actives.  For a whistleblowing claim the (1) activity must be protected under a law, rule or regulation; (2) the employer retaliated based on the employee’s whistleblowing activity, and (3) the employee suffered an adverse impact due to the retaliation.